Federal Circuit Confirms Patent Eligibility of Gene Therapy Patent in Regenexbio Inc. v. Sarepta Therapeutics
Key Takeaway: Genetically engineered cultured host cells containing recombinant nucleic acids useful for gene therapy are patent-eligible for being markedly different from anything occurring in nature. In REGENXBIO Inc. v....
Trademark & Brand Protection Update | April 2026
Thaler v. Perlmutter: Human Authorship Remains a Cornerstone Requirement for Copyright Registration Ian W. Gillies & Dillon A. Koch The Supreme Court denied certiorari of the D.C. Circuit’s holding that works...
Knobbe Martens Lawyers Explore Trademark Risks of Athlete Jersey Number Branding in Sports Business Journal
In their recent Sports Business Journal article, Knobbe Martens lawyers Jonathan Hyman, Jonathan Menkes, and Edward Nester examine a growing IP challenge in the sports industry: what happens when an...
Life Science Update | April 2026
One Battle After Another: Broad Institute Wins at PTAB in CRISPR Dispute Eric Furman, Ph.D. & Alistair J. McIntyre Interference proceedings, though increasingly rare, are heavily evidence-based and determine which...
Aerospace Update | April 2026
Space Force Awards Kratos $447 Million Contract for Missile Warning Tracking Lizzy T. Do & Scott Cromar Kratos wins $447 million contract with U.S. Space Force to develop a ground...
Litigation Update | April 2026
No Do-Overs: Voluntary Dismissal Does Not Reset Deadline for Stay Jeremiah S. Helm, Ph.D. A respondent in an ITC proceeding may not seek a mandatory stay of their refiled declaratory...
NOVONIX Emerges as a Winner in the U.S. Battery Materials Race
Key Takeaways: The domestic battery race is being won by companies, such as NOVONIX, that are developing innovative IP and meeting critical operational and/or commercial milestones based on that IP....
Yi Zhou and Ben Katzenellenbogen Analyze Inconsistent Applications of the Alice Test in Software Patent Litigation for Reuters Westlaw
In a recent Reuters Westlaw article, Knobbe Martens lawyers Yi Zhou and Ben Katzenellenbogen discuss the Federal Circuit’s decision in USAA v. PNC Bank and its implications for patent eligibility...
FDA Emphasizes Use of Real-World Evidence for Medical Device Makers
The U.S. Food and Drug Administration (FDA) has increasingly emphasized the use of real-world evidence (RWE) to support regulatory decision-making for medical devices. As medical technologies evolve and data sources...
FDA Announces “RAPID” Pathway for Expedited Access to Breakthrough Devices by Medicare Population
On April 23, 2026, the Centers for Medicare & Medicaid Services (CMS) and the Food and Drug Administration (FDA) announced “a new pathway designed to expedite access to certain FDA-designated Class II...
AI Risks With the Patent Office: What Life Science Companies Should Be Asking Now
Key Takeaway(s): AI tools are reshaping patent preparation and prosecution, but statements made to the USPTO are permanent, and AI-generated inaccuracies don’t come with warning labels. Efficiency gains are real, but...
Jeremiah Helm Shares Post-Argument Insights on Supreme Court “Skinny Label” Patent Infringement Case, Hikma v. Amarin
Following April 29 oral arguments in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., the closely watched Supreme Court case on whether a generic drug manufacturer can be held liable...
Proposal for Streamlined U.S. Regulatory Approval for Novel Commercial Space Activities
Key takeaways: The U.S. Office of Space Commerce (“OSC”) has released a proposal for streamlining regulatory approval of novel commercial space activities. The process includes a presumption of approval with...
In Law360 Column, Sean Murray and Jeremiah Helm Explore Limits of Retroactivity in IPR Proceedings
In the latest installment of their monthly Law360 column covering recent noteworthy Federal Circuit decisions, Knobbe Martens partners Sean Murray and Jeremiah Helm discussed the court’s opinion on retroactivity in...
Knobbe Martens Named Life Sciences Prosecution Firm of the Year at Life Sciences Patent Network Awards
IRVINE, Calif., May 1, 2026 – Knobbe Martens is proud to share the firm received the “Life Sciences Prosecution Firm of the Year” award at the 2026 Life Sciences Patent...
SMEDs Are Working: What the USPTO’s Updated § 101 Patent Eligibility Guidance Means for Innovators
Key Takeaway: The U.S. Patent and Trademark Office’s April 30, 2026 memorandum encourages patent applicants to submit separate declarations supporting “subject matter eligibility” (SMEDs) in response to § 101 rejections....
No Notice, No Fix: Failure to Satisfy § 256(B) Renders Patent Invalid
Fortress Iron, LP, v. Digger Specialties, INC. Before Lourie, Hughes, Circuit Judges, and Kleeh, Chief District Judge. Appeal from the United States District Court for the Northern District of Indiana. Summary:...
A Cure for Written Description and Enablement Headaches: Prior Art
TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Before Prost, Cunningham, and Andrews. Appeal from the United States District Court of the District of Massachusetts. Summary: A functionally defined...
Knobbe Martens Lawyers Analyze Schedule A Litigation Trends in E-Commerce IP Enforcement
In a recent article published in the Association of Business Trial Lawyers Report, Knobbe Martens intellectual property lawyers Jared Bunker, Marko Zoretic, and Oren Rosenberg provide an in-depth analysis of...
One Name, Two Claims—And a Settlement: Prince Estate and ’Purple Rain’ Co-Star Resolve Trademark Dispute
In an earlier post, we discussed the high-profile dispute between the estate of the late artist Prince and Patty Apollonia Kotero, over trademark rights derived from the name Apollonia, made...
Jonathan Menkes Comments on Sports Trademark Trends and Generative AI in World Intellectual Property Review
In a recent interview with World Intellectual Property Review, Knobbe Martens Trademark and Brand Protection partner Jonathan Menkes, Co-Chair of the firm’s Sports and Gaming practice, shared insights on the...
